Terms of Service

Last revised November 24, 2016

Please read these Terms carefully before using the services offered at paper.li or any affiliated sites.

These Terms of Service ("Terms") are a legal agreement between Finity SA, new name of the company as of October 27 2016 (previously named Smallrivers SA), a company registered in Switzerland ("Finity", “Paper.li” or "we"), the producer and owner of the Paper.li Service, and you ("you" or “user”), the user accessing the Paper.li Service. It is essential for Finity to clarify the legal relationship with you in order to ensure an adequate level of service and its development for the benefit of all users. This means that by using or accessing any Finity’ services ("Service" or “Services” or “Paper.li Service”) you agree to be bound by these Terms. On the contrary, if you do not agree to any of these Terms, to the Privacy Policy, or the Copyright and Intellectual Property Policy, or if you do not wish to be bound by these Terms and policies, please refrain to use the Service.

As Finity may, in its sole discretion, modify or revise these Terms at any time to continue to offer you the most adequate level of service, you agree to be bound by such modifications or revisions. You should periodically review the most up-to-date Terms at http://paper.li/terms.html.

Services

The services proposed and empowered by Finity (Paper.li Service) includes all services accessible via the url Paper.li and our different Apps, such as but not limited to Juice by Paper.li, with the exception of Track by Paper.li which is governed by its specific Terms of Service (Track, Terms of Service). The Paper.li Service offers you the possibility to monitor, aggregate and organize links, information, or any other publically available material shared on third party websites, into easy to discover, to read and to further share formats. For more detailed information about all our Paper.li Service offerings, please refer to Paper.li homepage.

It is important to note that we value content editors and that we respect their editors’ rights and interest. For this reason we only display a short extract of their content (Content) and invite users to read the full content on the third party sites where the Content resides.

The Paper.li Service displays extracts of Content determined by the following: a) the Content or any information selected and extracted by Paper.li from third party sites, as determined by you and your criteria and organized by Paper.li for you, and/or b) any Service features made available by the Paper.li Service. It is part of the Paper.li Service to display the links and Content abstracts, determine their placement and location in the Service.

These Terms apply to all users accessing the Paper.li Service.

The Paper.li Service is accessed by you under the following terms and conditions:

Access

Subject to these Terms, we may offer to provide The Paper.li Service as described more fully on Paper.li homepage and which are selected by you. To ensure a lawful development of your social networking, you shall only use the Paper.li Service in compliance with all applicable, local, state, national, and international laws, rules and regulations.

You acknowledge that the use of the Paper.li Service may involve the access and use of Content (abstracts), links, information and data from third party sites and services. All use of third party services is subject to such third party’s terms and conditions and policies.

Modification and Availability

The Paper.li Service is constantly evolving and may change from time to time without prior notice to you. We frequently add new features and constantly optimize the Service.

We may change, suspend or terminate all or any aspect of the Service for any reason or no reason, at any time, including the availability of any feature or application of the Service, content or any third party service, and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage or restrict your access to parts or all of the Paper.li Service without prior notice to you or liability.

It is in the duty of Paper.li to use reasonable efforts to ensure that the Paper.li Service is available twenty-four hours a day. However, there will be occasions when it will be interrupted for maintenance, upgrades and emergency repairs. Furthermore, we have no control over the availability of any third party service or Content, which may impact your use of the Service. Paper.li will not be liable to you or any other party for any suspension, modification discontinuance or lack of availability of its Service, Content or any third party services.

Registration information

As a preliminary step to using the Service, you may be required to supply Paper.li with certain registration information, including registration information for third party services you access through Paper.li Service. When registering, you must provide accurate and complete information. Paper.li reserves the right to refuse a registration, or cancel a registration in its discretion.

You may not use another user’s account or registration information, for Paper.li or any third party services you access through Paper.li, without permission.

If requested to do so, we shall be authorized to disclose your personally identifiable information to any national governmental agency or in response to any judicial process.

Third Party Services and Content

Upon your own selection’s decisions (defined as “users’ Content curation decisions”), the Paper.li Service aggregates abstracts of Content originated and made publically accessible by third party services, and contains links pointing to such third-party websites or resources for full Content discovery and reading.

Paper.li cannot take responsibility for such Content. Any use or reliance on any Content or materials posted, submitted or displayed on or through the Service shall be under your own responsibility and at your own risk.

Third Party Services are not within the supervision or control of Paper.li or Finity. The Service may contain links to Third Party Services displaying Content that some people may find offensive or inappropriate. Unless explicitly otherwise provided, Paper.li makes no representations or warranties whatsoever about any third party service, or endorse the Content, products or services offered through such third party service.

You acknowledge and agree that we are not responsible or liable for any third party services, Content, product or services, or third-party resources, and/or the functionality of third party services. Finity makes no representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party.

You hereby irrevocably waive any claim against the Services or Finity with respect to such third party websites, Content, services, applications or widgets. You acknowledge and agree that in addition to these Terms, any use of third party services is subject to, and you shall comply with, the terms and conditions applicable to such third party services.

Trademarks and other Rights

All rights, title, and interest, including without limitation all Intellectual Property Rights, in and to Finity and affiliated websites are and will remain the exclusive property of Finity. Finity, Paper.li and all other Finity’ logos, marks and designations are trademarks or registered trademarks of Finity.

The Services are protected by copyright and other laws of both Switzerland and foreign countries. These Terms and the use of Services do not grant with a license or the authorization to use the name of Paper.li or any of the Finity trademarks, logos or domain names.

All other trademarks mentioned in the Paper.li Service are the property of their respective owners. The trademarks and logos displayed on the Service may not be used without the prior written consent of Finity or their respective owners. For its policy regarding intellectual property, please refer to Paper.li Intellectual Property Policy.

Portions, features and/or functionality of Finity' products and the Paper.li Service may be protected under Finity patent applications or patents.

User comments

We value your comments, ideas, suggestions and feedbacks in relation to the Service. Any comments, suggestions, ideas or feedbacks ("Comments") submitted to Paper.li shall become the property of Finity. Finity will have exclusive ownership of all present and future existing rights to the Comments of every kind and nature everywhere and will be entitled to use the Comments for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Comment.

General Use of the Paper.li Service – Permission and Restrictions

You agree not to distribute to any medium any part of the Service without Paper.li written authorization, unless Paper.li issues a general authorization for a specific use of the Services or makes available the means for such distribution through functionality offered by the Services.

You also agree not to modify, alter, translate, or otherwise create derivative works of any part of the Service. If you embed any part of the Service on any other web service, blog or webpage, you agree not to modify, alter, build upon, or block any part or functionality or feature of the Service.

You agree not to decipher, decompile, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service.

You agree not to use any part of the Service to violate the security of any computer network, crack passwords or security encryption codes, to obtain password, account, or private information from any Paper.li user. You agree not to run malwares, email blasts, any form of auto-responder, or spam on the Service or through or in communication with the Services.

In order to guarantee that the Content accessible through the Service is secure and lawful, you represent, warrant and agree that you will not contribute or add to the Service any Content, Comments, feedback that:

infringes, violates or otherwise interferes with any copyright or trademark of another party, or any intellectual property of another party;

is defamatory, obscene, pornographic, threatening, harassing, hateful, racially or ethnically objectionable, or otherwise violates any law or right of any third party;

contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, or expropriate any system, data or information.

We may remove any user Content from the Services at any time, for any reason or for no reason.

Charges and Billing (Only apply to Paper.li Pro)

When and if you opt in for Paper.li Pro or any other paid services operated by us, you agree to pay all fees or charges incurred by your account, including applicable taxes at the time that the applicable fees or charges becomes payable. Unless otherwise indicated, all prices are in US Dollars. We may add new products and services for additional fees and charges at any time in our sole discretion. You represent to us that you are an authorized user of the chosen method of payment used to pay any fees you incur plus all applicable taxes.

Since Paper.li Pro is offering non-tangible irrevocable goods during a certain period of time (monthly or yearly), we do not issue refunds once the order is accomplished and the license to use is granted. Learn more about our no-refund policy and its exceptions here.

YOU ACKNOWLEDGE AND AGREE THAT YOU ARE FULLY LIABLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR ACCOUNT.

Warranty disclaimer

You agree that your use of the Services shall be at your own risk. To the fullest extent permitted by law, Finity, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Services and their use thereof.

YOU ACKNOWLEDGE AND AGREE THAT THE CONTENT YOU HAVE CURATED INTO THE SERVICES IS THE RESULT OF YOUR DECISION AND THAT YOU MAY ONLY CURATE SUCH CONTENT IF YOU ARE FULLY AUTHORIZED TO DO SO.

You release Paper.li and Finity from all liability for you having accessed or not accessed Content through the Services. Finity makes no representations concerning any Content contained in or accessed through the Services, and will not be responsible or liable for the accuracy, copyright, trademark or any other intellectual property law compliance, legality or decency of material contained in or accessed through the Services.

Finity makes no warranties or representations about the accuracy or completeness of its Services’ Content, or the Content contained in Third Party Services, and assumes no liability or responsibility for any harm, loss or damage resulting from:

use of the Services;

use of Content contained in or accessed through the Services;

errors, mistakes, inaccuracies or omissions in any Content contained in, made available or accessed through the Services;

completeness, accuracy, availability, timeliness, security or reliability of the Services and any content displayed thereon;

temporary or permanent interruption or cessation of our Services;

any viruses, bugs, worms, trojan horses, or the like, which may be transmitted by any third party to or through our Services to your computer system;

any content posted in any community area of the Paper.li site;

un-authorized disclosure of information, images or any other data resulting from the use of the Services;

non-compliance by Third Party Services and/or their users with applicable laws and regulations.

Finity does not warrant, endorse, guarantee, or assume responsibility for any product or services offered or advertised by a third party through the Services or any hyperlinked services or featured in any banner or other advertising, and Finity will not be a party to or in any way be responsible for any transaction between you and any third party providers of products or services.

For clarity, you agree that Finity has no fiduciary duty to you. In particular, Finity has no duty to take any action to control or otherwise supervise which users gain access to and cannot guarantee the identity of any other users with whom you may interact in the course of using the Services or the authenticity of data provided by other users. Finity has no control whatsoever over the Content of Third Party Services you access via the Services, and therefore cannot be held liable and assumes no responsibility for any use or interpretation of the Content by you, for any effect the Content may have on you, or for any action you may take as a result of having been exposed to the Content.

Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Finity, its directors, officers, employees, agents, and representatives, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including costs and attorneys' fees, arising from any claim or demand made by any third party due to or arising out of:

your access to or use of the Services;

your violation of any of these Terms;

your infringement, or the infringement by any third party using your registration information, of any third party right, including without limitation any copyright, property;

any claim that your use of the Services caused damage to a third party.

This indemnification obligation will survive these Terms of Use and your use of the Services.

Limitation of liability

In no event shall Finity, its directors, officers, shareholders, employees, or agents be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential damages of any kind whatsoever resulting from any:

use of or inability to access or use the Services;

use of information or content contained in or accessed, or obtained, through the Services;

errors, mistakes, inaccuracies or omissions in any Content contained in, made available or accessed through the Services;

any viruses, bugs, worms, trojan horses, or the like, which may be transmitted to or through our Services by any third party to your computer system;

any content posted by users or third parties in any community area of the Service;

unauthorized disclosure of information, images or any other data resulting from the use of the Services;

any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third party, or

any unauthorized use of copyright, trademark or any other intellectual property rights by any Third Party Services and/or their users.

Termination

Either party may terminate the Services at any time. Finity may also terminate or suspend any and all Services immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms. Upon any such termination, your right to use or access the Services and any Content will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Law and jurisdiction

These Terms and any action related thereto shall be governed by and construed in accordance with the laws of Switzerland.

All claims, legal proceedings or litigation arising from or relating to the subject matter of these Terms shall be brought solely in Lausanne, Switzerland, and you consent to the jurisdiction of and venue in such courts and waive any objection thereto.

Miscellaneous

Both parties agree that these Terms, together with the Privacy Policy, Intellectual Property Policy and any other operating rules, policies and procedures posted through the Services comprise the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be construed so as to best accomplish its intended objectives. The remaining provisions of these Terms shall remain in full force and effect.

The Terms of Use is not intended to benefit, nor will it be deemed to give rise to, any rights in any third party.